HomeMy WebLinkAboutLL-1995 #18LOCAL LAW NO. ~8., 1995
A Local Law in Relation to Frontyard Setbacks
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended
as follows:
1. Section 100-83 (Frontyard Setbacks) is hereby added as follows:
(a_l Structures shall be set back at least one hundred (100) feet from the
riqht-of-way.
(b_.l
There shall be an exception to (a) if the adiacent parcels are
developed, in which case the minimum frontyard setback shall be
the averaqe of the setbacks of the adiacent parcels.
A proiect shall be divided into separate structures so that no sinqle
structure shall have more than sixty (60) linear feet of frontaqe on
one street. The setbacks of multiple structures on a parcel may
vary, provided that the averaqe setback of the structures meets the
setback required above and all buildin.qs are at least seventy-five
(75) feet from the ri.qht-of-way.
2. Section 100-103 (Frontyard Setbacks) is hereby added as follows:
(al Structures shall be set back at least one hundred (100) feet from the
ri.qht-of-way.
(b_l
There shall be an exception to la) if the adiacent parcels are
developed, in which case the minimum frontyard setback shall be
the averaqe of the setbacks of the adiacent parcels.
~ A proiect shall be divided into separate structures so that no sin.qle
structure shall have more than sixty (60~ Iinear feet of fronta.qe on
one street. The setbacks of multiple structures on a parcel may
vary, provided that the averaqe setback of the structures meets the
setback required above and all buildinqs are at least seventy~fiv~
(75) feet from the riclht-of-way.
Section 100-143 (Frontyard Setbacks) is hereby added as follows:
(a_) Structures shall be set back at least one hundred (100) feet from th~.
right-of-way.
There shall be an exception to (a) if the adiacent parcels
developed, in which case the minimum frontyard setback shall be
the averaqe of the setbacks of the adiacent parcels.
A project shall be divided into separate structures so that no sinqle
structure shall have more than sixty (60) linear feet of frontaqe on
one street. The setbacks of multiple structures on a parcel may
vary, provided that the average setback of the structures meets the
setback required above and all buildinqs are at least seventy-five
(75) feet from the right-of-way.
4. Section 100-133 (Frontyard Setbacks) is hereby added as follows:
(a_). Structures shall be set back at least one hundred (100) feet from th~,
right-of-way.
(b_3
There shall be an exception to (a) if the adiacant parcels arc,
developed, in which case the minimum frontyard setback shall
the average of the setbacks of the adiacent parcels.
(c) A proiect shall be divided into separate structures so that no single
structure shall have more than sixty (60) linear feet of frontage on
one street. The setbacks of multiple structures on a parcel may
vary, provided that the average setback of the structures meets the
setback required above and all buildinqs are at least seventy-five
(75) feet from the right-of-way,
5. Bulk Schedule for Business, Office and Industrial Districts is hereby
amended as shown on attached page.
II. This Local Law shall take effect upon filing with the Secretary of State.
* Underline represents additions.
** Strikethrough represents deletions.
ALEXANDER F. TREADWELL
SECRETARY OF STATE
STATE Of New YORk
DEPARTMENT OF STATE
ALBANY, NY
August 25, 1995
JUDITH TERRY TOWN OF SOUTHOLD
TOWN HALL 53095 MAIN ROAD
PO BOX 1179
SOUTHOLD, NY 11971
RE: Town of Southold, Local Law 18, 1995, filed 08/25/95
The above raferenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request.
Sincerely,
J&nice G. Du~e
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:ml
Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE. ALBA2qY, NY 12231
(Use this form to file a local taw with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
_ ~tt~x ~ Southold
Town
Local Law No. 1 8 of the year 19_-9--5_
A~.,, in Relation to Frontyard Setbacks
Be it enacted by the Town Board
(^'~.ofZ,~,u,;.,~a,) ..................... of the
~t~ Southold
Town of .......................................................................................... as follows:
Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended
as follows:
1. Section 100433 (Frontyard Setbacks) is hereby added as follows:
(a) Structures shall be set back at least one hundred (100) feet from the
right-of-way.
(b)
There shall be an exception to (a) if the adjacent parcels are
developed, in which case the minimum frontyard setback shall be
the average of the setbacks of the adjacent parcels.
(c)
A project shall be divided into separate structures so that no single
structure shall have more than sixty (60) linear feet of frontage on
one street. The setbacks df multiple structures on a parcel may
vary, provided that the average setback of the structures meets the
setback required above and all buildings are at least seventy-five
(75) feet from the right-of-way.
(If additional space is needed, attach pa~es the samo size as this sheet, and number ench.)
DOS-~9 (Re~. 7,9 l) ( 1 ~
Section 100-103 (Frontyard Setbacks) is hereby added as follows:
(a) Structures shall be set back at least one hundred (100) feet from the
right-of-way.
(b)
There shall be an exception to (a) if the adjacent parcels are
developed, in which case the minimum frontyard setback shall be
the average of the setbacks of the adjacent parcels.
(c)
A project shall be divided into separate structures so that no single
structure shall have more than sixty (60) linear feet of frontage on
one street. The setbacks of multiple structures on a parcel may
vary, provided that the average setback of the structures meets the
setback required above and all buildings are at least seventy-five
(75) feet from the right-of-way.
3. Section 100-143 (Frontyard Setbacks) is hereby added as follows:
(a) Structures shall be set back at least one hundred (100) feet from the
right-of-way.
(b)
There shall be an exception to (a) if the adjacent parcels are
developed, in which case the minimum frontyard setback shall be
the average of the setbacks of the adjacent parcels.
(c)
A project shall be divided into separate structures so that no single
structure shall have more than sixty (60) linear feet of frontage on
one street. The setbacks of multiple structures on a parcel may
vary, provided that the average setback of the structures meets the
setback required above and all buildings are at least seVenty-five
(75) feet from the right-of-way.
Section 100-133 (Frontyard Setbacks) is hereby added as follows:
(a) Structures shall be set back at least one hundred (100) feet from the
right-of-way.
(b)
There shall be an exception to (a) if the adjacent parcels are
developed, in which case the minimum frontyard setback shall be
the average of the setbacks 6f the adjacent parcels.
(c)
A project shall be divided into separate structures so that no single
structure shall have more than sixty (60) linear feet of frontage on
one street. The setbacks of multiple structures on a parcel may
(2)
vary, provided that the average setback of the structures meets the
setba~;k required above and all buildings are at least seventy-five
(75) feet from the right-of-way.
5. Bulk Schedule for Business, Office and Industrial Districts is hereby
amended as shown on attached page.
II. This Local Law shall take effect upon filing with the Secretary of State.
(3)
(4)
(Complete the certification In the paragraph that applies to the filing of this local law and
strike out that which Is not applicable.)
I. (Final adoption by local legislative body only.)
I hereby, L ~._......'certify that the local law annexed hereto, desilanated as Ioca law No 18 of 19 95
o f~,e e~o,ka~ ~y~f~iO~XTown~C~A k~aa o f _ $outhold ........................... 7-.-
I{ -~'' j' '-°-~own t~oarcl .... §-i~ ............... -;,-~' ................................... .was duly passed by the
................................................c,v~ o/Les~t~,;,~ Bo~y~ on ....-'_ ............19 -?-P, in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive OtTleer*.)
I hereby certify that the IocaI law annexed hereto, designated as local law No .................................... of 19
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
............................................... on .................. 19 --- and was (approved)(not approved)(repassed after
disapproval) by the .................................................. and was deemed duly adopted on ..................
~a,.~ c~/ ~ o~7~,~.~ 19 .....
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19-~ ....
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
r,v~,~, ................................................... ot~,s~t~,~,¢ B,,ay~ on .................. 19 ...., and was (approved)(not approved)(repassed after
disapproval) by the ...................................
cm,~,;,.¢ ca~'e,,~,,~¢ om~,,v .............. on ................... 19 ..... Such local law was submitted
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on .................. 19---. m
accordance with the applicable provisions of law. '
t
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, desi anated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................ ~ ............................................... was duly passed by the
................................................... on ................... 19 ...., and was (approved)(not approved)(repassed after
(Nam · Of Leg iMatlve Bod ,
disapproval ) by the~m~,;,.~ .................................................. cn;4~,~,i~ om~,v on .................. 19 --- . Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of .................. 19-._. in
accordance with the applicable provisions of law. '
* Elective Chief Executive Officer means or includes the chief executive officer ora county elected on a county-
wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. - of 19 ......
of the City of ............................................. having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home RuIe Law, and having received the a [firmative vote of a majority of the
qualified electors of such city voting thereon at the (specialXgeneral) election held on ................... 19 ....,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed, hereto, designated as local law No .................................... of 19 ......
of the County of .................................................... State of New York, having been submitted to the electors
at the General Election of November ...................... 19 .... , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative.
(If any other authorized roi m of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local Iaw with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in-
dicated in paragraph ...... l ..... , above.
Clerk of the C~ounty legislative body, City, Town or Village ~k
5r o[fi, q~.r.desi, g_nated by local legislative body
uotth l. Terry, Town Clerk
(Seal) Date: August 23, 1995
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.) ,-
STATE OF NEW YORK
; coum-YoF. SUFFOLK
I, the undersigned, hereby certify that the foregoing loca~l law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local lab annexed hereto. __
Laury L.Dowd, Town Attorney
Title
C~ of Southold
Town
Date: August 23, 1995
(3)
souTHOLD ToWN BOARD AUGUST 8, 1995
IN THE MA~ LAW IN RELATION TO FRONT
present:
Supervisor Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J- Hussle
Councilwoman Ruth D. Oliva
Councilman Joseph L. Townsend, Jr.
Justice Louisa P. Evans
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR WlCKHAM: We'll go on to the next hearing.
coUNCILWOMAN OLIVA: .'Public Notice is Hereby Given that there has been
presented to the Town Board of the Town of Southold, Suffolk County, New
.York, on the 2?th day of June, 1.995,. a Local Law entitled, "A Local Law
in Relation to Front Setbacks". Not~ce ~s further given that the Town Board
of the Town of Southold will hold a public hearing on the aforesaid Local
Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on
the 8th da*/ of August, 1995, at 5:05 P.M., at which time all interested
persons will be heard. This proposed "Local Law in Relation to Front Yard
Setbacks" reads as follows:
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended
as follows:
1. Section I00-83 (Frontyard Setbacks) is hereby add~e__d as follows:
(a~_ Structures shall be set back at least one hun_dred_~00) feet from the
ri_qht-o[-._wav;
(~ There shall be an exception [o (a) if the adiacent_qLP_AEce s are
~eveloped, in w lich_case.th__e minim_u~_~ frontyard setback shall b_~e
~he avera_qe of .!h_.e._set___ba_c.k_~s of th._e a.__d ac__ent_!j~_a[__~cels.
A ro'ect shall be divid_e_d into sepa'ate str_uctur_es so that no sinqle_
structure shall have more than sixty_ 60.(_~near feet of frontacLe oq
one street. The setbacks of mu_ltiple_structurq_s~on aj~arc.e__ma.~
vary, provided that the av~raqe setback of the structures meets the_
~etback required ab__ove___an~d a__ll b~uildil---'--'~_qs ar_Ae at I~a~s~-five_
~_5_).~.eet from._the riqh_t-_of-wA'L..
IN THE MATTER OF A
SOUTHOLD TOWN BOARD
AUGUST 8, 1995
5:05 P.M.
PROPOSED "LOCAL LAW IN RELATION TO FRONT
YARD SETBACKS".
Present:
Supervisor Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Councilwoman Ruth D. Oliva
Councilman Joseph L. Townsend, Jr.
Justice Louisa P. Evans
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR WICKHAM: We'll go on to the next hearing.
COUNCILWOMAN OLIVA: "Public Notice is Hereby Given that there has been
presented to the Town Board of the Town of Southold, Suffolk County, New
York, on the 27th day of June, 1995, a Local Law entitled, "A Local Law
in Relation to Front Setbacks". Notice is further given that the Town Board
of the Town of Southold will hold a public hearing on the aforesaid Local
Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on
the 8th day of August, 1995, at 5:05 P,M., at which time all interested
persons will be heard. This proposed "Local Law in Relation to Front Yard
Setbacks" reads as follows:
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of tile Code of the Town of Southold is hereby amended
as follows:
I. Section 100-83 (Frontyard Setbacks) is hereby added as follows:
Structures shall be set back at least one hundred (lq0) feet from tile
tic, hr-of-way
(bi
There shall be an excepti_on to (a) if the adjacent parcels are
developed, in which case the minimum frontyard setback shall be
the averaqe of the setbacks of (he adiacent parcels.
A proiect shall be divided into separate structures so that no sinqle
structure shall have more than sixty (60) linear feet of rrontaqe on
one street. The setbacks of multiple structures on a parcel may
vary, provided that the ave~raqe setback of tile structures meets the
setback required above and all buildinqs are at least seventy-five
(.Z5) feet from the riqht-of-wa~
pg 2 P.H.
2. Section 100-103 (Frontyard Selbacks) is h~reby added as follows:
(a_.lStructures shall be set back at least one hundred (100) feet from the
_ri~ht-of-~vay.
]'here shall be an exception to (a) if the adiacent parcels are
developed, in which case the minimum frontyard setback shall be
the averaqe of the setbacks of the adjacent parce_ks._
A proiect shall be divided into separate structures so that no sinqle
structure shall have more than sixty (60) linear feet of frontaqe on
one street. The setbacks of multiple structures on a parcel may_
yaw, provided that the averaqe setback of the structures meets the
setback required above and all buildinq_s_ are at least seventy-live
L7~5)__feet from tile riq_ht-of-wa~
3. Section 100-143 (Frontyard Setbacks) is hereby added, as follows:
Structures shall be set back at least one hundred (100) feet from_the
~qht-of-way.
(_bi
There shall be an exceptiof] to (a_)if tt~e adiacerLtjoa~cels are
developed, in which case the minimum frontyard setback shall be
the average of the setbacks of th_e_a_diac_ent parcels.
A proiect shall be divided into separate structures so that no sinqle_
structure shall have more than sixty (60) linear feet of frontaqe on
one street. The setbacks of multiple structures on a parcel may
vary, provided that the averaqe setback of lhe structures meets tile
setback required above and all buildinqs are at least seventy-five
(75) feet from the right-of-way.
4. Section 100-133 (Frontyard Setbacks) is hereby added as follows:
Structures shall be set back at least one hundred (I00) feet from the
right-of-way.
There shall be an exception to (a) if the adiacent parcels are
developed, in which case the minimum frontyard setback shall be
tile averaqe of the setbacks of the a_diacent parcels.
pg 3 P.H.
A pr0iect shall be divided into s~,~2arate structures so that no sinqle_
structure shall have more than sixty f60) linear feet of rrontaqe on
or~e street. The setbacks of mutti~le structures on a parcel may
vary, provided ~hat the average setback of the structures meets thc,
setback required above and all buildinqs are at least seventy-five
{75) feet from the riqht-of-way_.
5, Bulk Schedule for Business, Office and Industrial Districts is hereby
amended as shown on altached page.
II. This Local Law shall take effect upon its filing with the Secretary of
State.
* Underline represents additions.
** Strlkethrough represents deletions.
Copies of this Local Law are available in the Office of the Town Clerk to any
interested persons during business hours. Dated: July 25, 1995. Judith T.
Terry, Southold Town Clerk." We have some correspondence. Pursuant to
the requirements of Sections A lq-l~t to 23 of the Suffolk County
Administration Code, the above referenced application which has been
submitted to the Suffolk County Planning Commission is considered to be a
matter for local determination as there is no apparent significant
county-wide or inter-community impacts. A decision of local determination
should not be construed as either an approval or disapproval. Very truly
yours, Stephen M. Jones, Director of' Planning. We, also, have an affidavit
that it has been published in The Suffolk Times, and an affidavlt from Judith
pg ~ P.H.
T. Terry, that it has been placed on the Town Clerk's Bulletin Board. We
also have one other communication from the Chairman of the Planning Board,
which reads as follows: Dear Mrs. Terry, At iris July 10, 1995 meeting, the
Planning Board adopted the following report. The Planning Board has
reviewed the proposed amendment to the Zoning Code pertaining to front yard
setbacks in Limited Business (LB), Ceneral Business (B) and Light Industrial
Office (LIO) and Light Industrial (LI). The Board supports this proposed
local law because it will help soften the visual impact of development
alongside the main roads, will prevent the construction of strip-type retail
structures, and will help maintain the rural character of our Town.
Sincerely, Richard C. Ward, Chairman. There are no further communications.
SUPERVISOR WICKHAM: Would anyone llke to address the Board on this
public hearing? (No response.) I might very briefly preface these comments
by saying that this legislation is pursuant to a policy resolution, that the
Board adopted over a year ago, pledging to keep open the character of Route
48, and the other major roads in town to avoid a strip development
appearance, and to keep the visual distance that are currently available for
people driving through. Also, to keep Route u,8 as an express road without a
lot of traffic congestion. Anyone like to address the Board on this proposed
Local Law? (No response.) If not, I declare the hearing closed.
Judith T. Terry
Southold Town Clerk
Side yard (feet) 20 10 25 20 25 30 20
Bo{h side yards (feet) 45 25 50 45 50 60 40
~ area (poreentl 35 25 35 25 20 35 25
~ LEGAL NOTICE
.... ~ :._. z.~ NOTICE OF PUBLIC HEARING ON LOCAL LAW
PUBLI~I~3TICE IS HEREBY GIVEN that there has beeu pre~nted to the Town Board of the Town of Southold~ 5uffolk
Coamy, New york. on Ibc 27th day of June. 1995, a Local Law entitled. "A Loeal Law in Relation to Front Yard Setbacks".
~ IS FLrRTHER OIVFe3S that tho Town Board of the Town of Southold will bold a public heating on the aforesaid
Loeal Law at ~ Soutbold Town Hall. 53095 Main Road. Southold. New York. on the 8th day of August. 1995. at 5:05 P.M.. at
~ time all interested persons will b¢ he~xt
~his proposed "Local Law in Relation to Front Yard ~¢tD$~ks" reads as follows:
I~E 1T ENACTED. b) the Town Board of the Town of Southold as follows:
I. Section 100-~3 (~rontyard Setbacks) is hereby ndded aa follows:
way.
2. Sgction 100-103 (F~on~ard ~tback$) is ber~by added as follows:
way.
3. Sgction 100-143 (Fl~)i~ard Seth~k~) is h~reby added as follows:
{10 Str~tor~ ahab he ~et heek at lea~t one hendred ~ 100l feet from the riehl-of-way.
4. Section 100-133 (Frontyard Setbacks) is hereby added as follows:
U. This Local Law shall tnkc effect upon filing with the Sccretm7 of State
Town of Southold
Bulk Schedule for Busine~, Ofr~:e and Industrial Districts
LIO
LB HB B Light Indus~al L]
Limitnd Hamlet General M-I M-II Park Planned Light
Busthcss Business Business Marine I Marine II Office Park Industrial
Maximum permitted dimemions
Lot coverage (poreent I
Building height (feet)
Namber of ~rcie~
No'rE~:
20 40 30 30 30 20 30
35 35 35 35 35 35 35
2 1/2 2 2 2 2 2 2
~For minimum requirements for residential uses. refer tint to Density and Minimum Lot Site Schedule for Nonresidential
Dis~ct~ and then to appropriate indicated colunm in the Bulk Schedule for Re~idantial Use~. In the Marine I and Marine II
Dislricts, only land abov~ mean high water shall qualify for area calculatiom.
:Refer to app~ zor~ ordinance.
Copies of this Lo,al Law ar~ available in the Office of the Town Clerk to any inter,ted persona during be~incaa I~urs.
Dated: July 25. 1995.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
8439-1TAu3
STATE OF NEW YOR~c ]
~ SS:
COUNTY OF SUFFOLK )
of Mattituck,
in said Count, being duly sworn, says that he/she is
Prindpal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Mattituck, in the Town of
Southold, County of Suffolk and State of New York,
and that the Notice of which the annexed is a
printed copy, has been regularly published in said
Newspaper once each week for~__~ weeks
mmenclng on the day of
19t
CHRISTINA VOUNSKI
Notary Public, 8tam of New
No. 5004~B4 ~ . Princl_~ c,. ....
.O~slified in Suffolk County
Commlsston Ex~reg November 2~, 1e.g.-
Notary Public